TELECOMMUNICATIONS REGULATIONS (AMENDMENT) 1991 NO. 425 TELECOMMUNICATIONS REGULATIONS (AMENDMENT) 1991 NO. 425 - TABLE OF PROVISIONS 1. Amendment 2. Regulation 1 (Citation) 3. New regulations 7 and 8 and Schedule 8. Search warrant under section 363 of the Act (Offence-related searches and seizures) SCHEDULE 1991 No. 425 TELECOMMUNICATIONS REGULATIONS (AMENDMENT) - REG 1 1. Amendment 1.1 The Telecommunications Regulations are amended as set out in these Regulations. (NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48) 1991 No. 425 TELECOMMUNICATIONS REGULATIONS (AMENDMENT) - REG 2 2. Regulation 1 (Citation) 2.1 Omit the regulation, substitute: Citation "1. These Regulations may be cited as the Telecommunications (General) Regulations.". 1991 No. 425 TELECOMMUNICATIONS REGULATIONS (AMENDMENT) - REG 3 3. New regulations 7 and 8 and Schedule 3.1 Add at the end: Sale of customer equipment for which there is no permit "7. (1) A notice to be given under section 255 of the Act by a person selling or supplying, or offering to sell or supply, customer equipment that the person knows, or ought reasonably to know, is customer equipment the connection of which to a telecommunications network would be contrary to subsection 253 (1) of the Act must be in writing and must state: (a) that there is no permit issued by AUSTEL in force for connection of the customer equipment to a telecommunications network; and (b) that, if equipment is connected to a telecommunications network, the equipment may become dangerous or may damage the network; and (c) the penalty for knowingly or recklessly connecting the customer equipment to a telecommunications network. (NOTE: The notice should be substantially in the following form: This customer equipment has no AUSTEL permit. and may be dangerous or damage a telecommunications network. Connection to a telecommunications network is an offence under section 253 of the Telecommunications Act 1991 and may attract a maximum fine of $12,000.'.) "(2) A notice under subregulation (1) must be: (a) in not less than 10 point typeface; and (b) conspicuously, permanently and legibly cast or etched into or fixed by means of a plate or label to the customer equipment; and (c) conspicuously, permanently and legibly etched into, printed on or fixed by means of a plate or label to any packaging in which the goods are offered for sale or supply. "(3) A plate or label referred to in paragraph (2) (c) must not be capable of being removed from the packaging to which it is fixed without defacing that packaging. 1991 No. 425 TELECOMMUNICATIONS REGULATIONS (AMENDMENT) - REG 8 Search warrant under section 363 of the Act (Offence-related searches and seizures) 8. (1) For the purposes of subsection 363 (2) of the Act, the form of search warrant that may be issued by a Magistrate is the form in the Schedule. 1991 No. 425 TELECOMMUNICATIONS REGULATIONS (AMENDMENT) - SCHEDULE SCHEDULE Regulation 8 COMMONWEALTH OF AUSTRALIA Telecommunications Act 1991 SEARCH WARRANT UNDER SUBREGON 363 (2) TO: 1 an inspector appointed under section 360 of the Telecommunications Act 1991. I 2 authorise you, with such assistance, and by such force, as are necessary and reasonable: (a) at any time of the day or night or between the hours of and 3; (b) to enter the premises at 4; and (c) to search the premises for 5; and (d) if you find the thing on or in the premises-to seize the thing. This warrant is issued on the basis: (a) of information on oath laid before me alleging that there are reasonable grounds for suspecting that the thing referred to in paragraph (c) above may be on or in those premises; and (b) that those grounds were set out in that information; and (c) that the thing may afford evidence as to the commission of 6; and (d) that I am satisfied that there are reasonable grounds for issuing this warrant. THIS WARRANT ceases to have effect on 7. Issued on 1991. 8 1. insert full name of inspector 2. insert full name and designation of Magistrate 3. omit whichever is not to apply 4. insert address of premises 5. insert description of the thing that may afford evidence of an offence to which section 363 of the Act applies 6. insert description of the nature of the offence in relation to which the entry, search and seizure are authorised 7. insert date not more than 1 week after the day of issue of this warrant 8. Signature and designation of person issuing warrant - NOTES 1991 No. 425*1* TELECOMMUNICATIONS REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 19 December 1991. *2*Statutory Rules 1991 No. 200.